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Professor Helfand's illuminating discussion of "substantial burden" seems to make a minor consequentialist deviation on the question of prohibitions, looking past the substantial burden of a prohibition in itself to the substantiality of the penalties.
This Part argues against using either only the plaintiffs work or the defendant's work as the baseline for assessing substantiality.
Even a passive effect is a substance determining itself, as for instance, in relation to a thing produced with reference to its formal, material, efficient, and final causes, substantiality and causality being considered here as metaphysical correlates.
The third factor concerned the amount and substantiality of the use and the court found that this factor also weighed against fair use because Bouchat's entire work was copied.
Playing down the substantiality of his sister accusation of Mubarak, Gamal said: "If there were proofs (against Mubarak) I would be the first to push the accusation against him.
When determining fair use, a court must consider four factors: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
The extra dimension of subjectivity has to be added to that of objective substantiality.
discussed, the substantiality requirement was intended to replace prior
He begins by looking at his general conception of the science of metaphysics and how it sheds light on his notion of substance, and by establishing a conceptual framework for understanding the most general parts of his conception of substantiality.
What we are witnessing now is the disappearance of its substantiality.